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Synopsis

In the suo moto matter pertaining to compensation to the heirs or next of kin in custodial death cases, the Meghalaya High Court has recently asked the state government to consider increasing the compensation amount by about 25 percent.

The division bench of Chief Justice Sanjib Banerjee and Justice H. S. Thangkhiew observed that the amount of compensation indicated in the notification of December 2022 was slightly lower than the figures that had been informally indicated in the course of previous hearings.

Therefore, the division bench opined that the state may do well to increase the quantum by about 25 percent or, at the very least, make a distinction based on the age of the person dying in custody.

"At any rate, it is made clear to the State that the quantum of compensation as indicated or as may be enhanced in accordance with law will fall due immediately upon the death of a person and, as such, for any delayed payment, whether wilful or otherwise, interest would accrue," further directed the division bench.

The original notification of December 2022 provides for compensation to five classes of persons who suffer custodial death: persons dying due to quarrel among inmates; persons dying due to negligence by the correctional home officials; persons dying due to negligence by medical or paramedical officers; persons dying due to torture or upon being beaten up by the police or correctional home staff; and, persons committing suicide while in such custody.

The original notification also provides that no compensation would be payable in case of natural death due to illness and that state officials may not be responsible for such death.

Compensation would also not be admissible if the death occurs during escape or due to any natural disaster or calamity or any pandemic.

Further, in cases of death due to quarrel among inmates and death due to torture or being beaten up by the police or correctional home staff, the compensation provided by the notification is Rs. 7.5 lakh. In the three other cases, the quantum of compensation is Rs. 5 lakh.

Moreover, a recent notification of May 2, 2023 provides that in cases where claims and counter-claims arise in connection with any death in custody not due to natural causes or suicide and where findings are inconclusive, the quantum of compensation shall be determined by a competent court.

Court noted that the state had submitted that to the extent the cause of death indicated in the report prepared by Dr Mozika, Amicus Curiae appointed in the matter, is found to be appropriate, there would be no questions asked and the quantum of compensation as indicated by the notification of December, 2022 would be paid.

However, in certain cases, where the death may have been due to natural causes or due to suicide or lesser causes than torture or as a result of a fight breaking out amongst inmates, the State will present its own version for the adjudication to be conducted by the Court in respect of the individual cases where there is disagreement between the report and the State’s findings, court pointed out. 

Court opined that this act of the part of the state will whittle down the scope of the proceedings to only the cases where the State may not agree with the cause of death as indicated in Dr Mozika’s report.

There appears, therefore, to be light at the end of the tunnel, said the division bench.

The suo moto matter pertains to identifying undertrial and convicts who died an unnatural death in custody for purpose of awarding compensation to their next kin as per the direction of the Apex Court.

The Supreme court in September 2017 had directed the identification of the next of kin of prisoners who had died an unnatural death from the period of 2012 for awarding them suitable compensation. Following this order of the top court, a suo moto Public Interest Litigation was instituted in the Meghalaya High Court.

In a report before the Court, the State indicated a total number of 38 custodial deaths in the State since 2012.

Tentatively, at the outset, the quantum of compensation was fixed at Rs. 10 lahks, with a provision for an increased amount if the age of the inmate who suffered an unnatural death was below 40 at the relevant time.

The case will be next heard on June 19, 2023.

Case Title: In Re Suo Motu Custodial Violence &other matters relating to prison conditions Vs. State of Meghalaya & Ors.